Seattle Washington Building Expert Directory

Time To “Construct” New Social Media Policies

March 28, 2022 — Aaron C. Schlesinger, Lauren Rayner Davis & Jennifer Harris - ConsensusDocs
1. The Social Media Dilemma Social media has significantly impacted all facets of society, especially the way people communicate. Its impact and application to the construction industry is no different. TikTok, the video-sharing platform, is one of the world’s most popular platforms today, with over one billion active users monthly. From just one video, users can gain thousands—if not millions—of followers overnight. Social media has been used to present a narrative that the workplace can be fun, or that employees are enjoying working together. Social media can also, however, serve as a tool to document a perfect storm of events, such as a building collapse or crane malfunction, which can then be misconstrued and smeared throughout the internet, all with your company’s logo in the background. So, what happens when an incident on your jobsite is branded across social media as a #constructionfail, and the project owner ultimately initiates legal action? Can this video be used against your company? Can employers limit or otherwise restrict employees’ social media activity to avoid potential liability? How does the existence of social media posts affect dispute resolution procedures? Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson, P.C. (ConsensusDocs), Lauren Rayner Davis, Peckar & Abramson, P.C. (ConsensusDocs) and Jennifer Harris, Peckar & Abramson, P.C. (ConsensusDocs) Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Ms. Davis may be contacted at ldavis@pecklaw.com Ms. Harris may be contacted at jharris@pecklaw.com Read the court decision
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OSHA Set to Tag More Firms as Severe Violators Under New Criteria

November 01, 2022 — Richard Korman & Stephanie Loder - Engineering News-Record
In announcing last month broadened criteria for classifying employers as severe safety violators, U.S. Occupational Safety and Health Administration official Douglas Parker singled out a steel fabricator near El Paso, Texas. The U.S. Labor Dept. assistant secretary for occupational safety and health, he posted a blog stating that OSHA had placed Kyoei Steel Ltd. in its severe violators program, which subjects the firm to numerous re-inspections until it is allowed to exit. Reprinted courtesy of Richard Korman, Engineering News-Record and Stephanie Loder, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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Subcontractor’s Miller Act Payment Bond Claim

September 07, 2017 — David Adelstein - Florida Construction Legal Updates
Since I wrote my ebook on the application of federal Miller Act payment bonds, I have not discussed a case applying the Miller Act. Until now! Below is a case that reinforces two important points applicable to Miller Act payment bond claims. First, the case reinforces what a claimant needs to prove to establish a Miller Act payment bond claim. Very important. Second, the case reinforces that a subcontractor is going to be governed by its subcontract. This means that those provisions regarding payment and scope of work are very important. Not that you did not already know this, but ignoring contractual requirements will not fly. In U.S.A. f/u/b/o Netplanner Systems, Inc. v. GSC Construction, Inc., 2017 WL 3594261 (E.D.N.C. 2017), a prime contractor hired a subcontractor to run cabling and wiring at Fort Bragg. The subcontractor claimed it was owed a balance and filed a lawsuit against the general contractor the Miller Act payment bond. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

Construction Company Head Pleads Guilty to Insurance and Tax Fraud

December 20, 2012 — CDJ STAFF
The former head of Orients Construction Company and of Melrose Construciton Company, Herlindo Garcia-Merlos, has entered a guilty plea to charges that the gave false informoation to his insurer, New Jersey Manufacturers Insurance Group, for more than three years in order to lower his workers compensation payments. Mr. Garcia-Merlos was able to underpay by more than $315,000 as a result of this deception. Mr. Garcia-Merlos additionally failed to file tax returns for his companies and underreported his wages on his own tax returns. The State of New Jersey is seeking an eight-year prison term and restitution of more than $400,000. Read the court decision
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Los Angeles Could Be Devastated by the Next Big Earthquake

October 15, 2013 — CDJ STAFF
A group of scientists have made a list of about 1,500 concrete buildings in Los Angeles which could potentially collapse in an earthquake. They have offered to make the list available to Los Angeles officials, although the city has yet to take them up on the offer. In response, a group of Times reporters combed through records to identify which buildings were of the sort most likely to collapse in an earthquake. The group found more than 1,000 concrete buildings built before 1976 when Los Angeles increased the requirements for steel rebar. Experts estimate that in a major earthquake, five percent of these buildings could collapse, which for Los Angeles would mean about 50 buildings. Many of these buildings could be seismically retrofitted, but the article notes that a retrofit starts with a $100,000 structural study. Carol Schatz of the Central City Association notes that the cost of retrofitting “would be greater than the value of the building.” Read the court decision
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In Louisiana, Native Americans Struggle to Recover From Ida

August 07, 2022 — The Associated Press (Rebecca Santana) - Bloomberg
Along Bayou Pointe-Au-Chien, La. (AP) -- Driving through her village along a southeastern Louisiana bayou, tribal official Cherie Matherne points out the remnants of house after house — including her own — wrecked nine months ago when Hurricane Ida roared through the Pointe-au-Chien Indian Tribe community. Beige trailers from the Federal Emergency Management Agency and travel campers sit next to pilings that elevated homes 14 feet (4.3 meters) off the ground to protect them from flooding. But it was the wind that got them this time. For hours, the Category 4 hurricane tore off roofs and siding, ripped out insulation and scattered treasured belongings. It destroyed shrimp boats and tossed crab traps. “It’s going to take years before people can get back to their lives. The majority of people are still at a standstill,” said Matherne, the tribe’s cultural heritage and resiliency coordinator. Read the court decision
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Steven Cvitanovic to Present at NASBP Virtual Seminar

January 13, 2017 — Steven M. Cvitanovic - Haight Brown & Bonesteel LLP
Partner Steven Cvitanovic will speak at the National Association of Surety Bond Producers (NASBP) Virtual Seminar on Tuesday, January 31 at 11:00 A.M. PST. The presentation will provide a brief overview of risks covered by traditional insurance products, and will then expand on significant exposures arising from a contractors operations/contracts that are not covered by traditional insurance. The session will provide examples of these non-traditional risks and strategies to mitigate them. Read the court decision
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Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel LLP
Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com

September 30, 2019 — William G. Baumgaertner, Michael Leahy, & Denis Moriarty - Haight Brown & Bonesteel
Congratulations to Haight’s attorneys who were recognized in The Best Lawyers in America© 2020 Edition Los Angeles, California William G. Baumgaertner for personal injury and product liability litigation for plaintiffs and defendants Michael Leahy for insurance law Denis Moriarty for insurance law Reprinted courtesy of Haight Brown & Bonesteel attorneys William G. Baumgaertner, Michael Leahy and Denis J. Moriarty Mr. Baumgaertner may be contacted at wbaum@hbblaw.com Mr. Leahy may be contacted at mleahy@hbblaw.com Mr. Moriarty may be contacted at dmoriarty@hbblaw.com Read the court decision
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